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149-492: A central part of the Vancouver area, Grandview–Woodland runs from the south shore of busy Burrard Inlet south to Broadway, one of the city's major east–west roads. The western border of the neighbourhood is Clark Drive, the eastern Nanaimo Street. It is a busy area for transportation, with Hastings Street and First Avenue both cutting through the neighbourhood, while Victoria Drive and Commercial Drive both run north–south through

298-551: A change in the public perception of the residential school system, as well as official government apologies, and a (controversial) legal settlement. Colonization had a significant impact on First Nations diet and health. According to the historian Mary-Ellen Kelm, "inadequate reserve allocations, restrictions on the food fishery, overhunting, and over-trapping" alienated First Nations from their traditional way of life, which undermined their physical, mental, emotional, and spiritual health. As Canadian ideas of progress evolved around

447-410: A law, especially when the "particular" law of one's own city was adverse to the case being made, not that there actually was such a law. Aristotle, moreover, considered certain candidates for a universally valid, natural law to be wrong. Aristotle's theoretical paternity of the natural law tradition is consequently disputed. Thomas Aquinas is the foremost classical proponent of natural theology , and

596-540: A moral virtue derived as the mean between opposing vices, just like every other virtue he describes. His longest discussion of his theory of justice occurs in Nicomachean Ethics and begins by asking what sort of mean a just act is. He argues that the term "justice" actually refers to two different but related ideas: general justice and particular justice. When a person's actions toward others are completely virtuous in all matters, Aristotle calls them "just" in

745-678: A neutral Indian state in the American Old Northwest, and made this demand as late as 1814 at the peace negotiations at Ghent. The Americans rejected the idea, the British dropped it, and Britain's Indian allies lost British support. In addition, the Indians were no longer able to gather furs in American territory. Abandoned by their powerful sponsor, Great Lakes-area natives ultimately assimilated into American society, migrated to

894-469: A new theory of jurisprudence that has developed since the 1970s. The theory can generally be traced to American legal realism and is considered "the first movement in legal theory and legal scholarship in the United States to have espoused a committed Left political stance and perspective". It holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of

1043-481: A norm. Joseph Raz's theory of legal positivism argues against the incorporation of moral values to explain law's validity. In Raz's 1979 book The Authority of Law , he criticised what he called the "weak social thesis" to explain law. He formulates the weak social thesis as "(a) Sometimes the identification of some laws turn on moral arguments, but also with, (b) In all legal systems the identification of some law turns on moral argument." Raz argues that law's authority

1192-428: A pivotal book on Hart (second edition published in 2008), which further refined and offered some important criticisms that led MacCormick to develop his own theory (the best example of which is his Institutions of Law , 2007). Other important critiques include those of Ronald Dworkin , John Finnis, and Joseph Raz . In recent years, debates on the nature of law have become increasingly fine-grained. One important debate

1341-567: A result of health transfer was a factor that assisted the creation of the First Nations Health Authority in British Columbia. Jurisprudence Jurisprudence , also known as theory of law or philosophy of law , is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; as well as

1490-532: A right of access." More than 6,000 First Nations, Inuit and Métis served with British forces during First World War and Second World War . A generation of young native men fought on the battlefields of Europe during the Great War and approximately 300 of them died there. When Canada declared war on Germany on September 10, 1939, the native community quickly responded to volunteer. Four years later, in May 1943,

1639-581: A sovereign, to whom people have a habit of obedience". H. L. A. Hart criticized Austin and Bentham's early legal positivism because the command theory failed to account for individual's compliance with the law. Hans Kelsen is considered one of the preeminent jurists of the 20th century and has been highly influential in Europe and Latin America, although less so in common law countries. His Pure Theory of Law describes law as "binding norms", while at

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1788-422: A system of law, or to give it our respect. Thus, the law must have a morality that goes beyond the societal rules under which laws are made. Sophisticated positivist and natural law theories sometimes resemble each other and may have certain points in common. Identifying a particular theorist as a positivist or a natural law theorist sometimes involves matters of emphasis and degree, and the particular influences on

1937-532: A theory of ius gentium (law of nations), and thus is an important figure in the transition to modernity. He extrapolated his ideas of legitimate sovereign power to international affairs, concluding that such affairs ought to be determined by forms respecting of the rights of all and that the common good of the world should take precedence before the good of any single state. This meant that relations between states ought to pass from being justified by force to being justified by law and justice. Some scholars have upset

2086-641: A variant of Métis . The Métis as of 2013 predominantly speak English , with French a strong second language, as well as numerous Aboriginal tongues. Métis French is best preserved in Canada, Michif in the United States, notably in the Turtle Mountain Indian Reservation of North Dakota , where Michif is the official language of the Métis that reside on this Chippewa reservation. The encouragement and use of Métis French and Michif

2235-491: A wide range of chemical effects, including severe mercury poisoning. They suffered low birth rates, skewed birth-gender ratio, and health effects among the population. This led to legislation and eventually the Indian Health Transfer Policy that provided a framework for the assumption of control of health services by First Nations people, and set forth a developmental approach to transfer centred on

2384-417: Is the case. So analysing and clarifying the way the world is must be treated as a strictly separate question from normative and evaluative questions of what ought to be done. The most important questions of analytic jurisprudence are: "What are laws?"; "What is the law?"; "What is the relationship between law and power/sociology?"; and "What is the relationship between law and morality?" Legal positivism

2533-659: Is $ 35,342, and 35.2% of its population lives in low-income households. Its unemployment rate is 7.8%. First Nations in Canada First Nations ( French : Premières Nations ) is a term used to identify Indigenous peoples in Canada who are neither Inuit nor Métis . Traditionally, First Nations in Canada were peoples who lived south of the tree line , and mainly south of the Arctic Circle . There are 634 recognized First Nations governments or bands across Canada. Roughly half are located in

2682-575: Is a misnomer, given to Indigenous peoples of North America by European explorers who erroneously thought they had landed in the East Indies . The use of the term Native Americans , which the government and others have adopted in the United States, is not common in Canada. It refers more specifically to the Indigenous peoples residing within the boundaries of the US. The parallel term Native Canadian

2831-411: Is a necessary truth that there are vices that a legal system cannot possibly have (for example, it cannot commit rape or murder). Legal realism is the view that a theory of law should be descriptive and account for the reasons why judges decide cases as they do. Legal realism had some affinities with the sociology of law and sociological jurisprudence. The essential tenet of legal realism is that all law

2980-416: Is based on "first principles": ... this is the first precept of the law, that good is to be done and promoted, and evil is to be avoided. All other precepts of the natural law are based on this ... The desires to live and to procreate are counted by Aquinas among those basic (natural) human values on which all other human values are based. Francisco de Vitoria was perhaps the first to develop

3129-496: Is commonly said that Hobbes's views on human nature were influenced by his times. The English Civil War and the Cromwellian dictatorship had taken place; and, in reacting to that, Hobbes felt that absolute authority vested in a monarch, whose subjects obeyed the law, was the basis of a civilized society. John Austin and Jeremy Bentham were early legal positivists who sought to provide a descriptive account of law that describes

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3278-425: Is conceptually distinct from morality. While law might contain morality, the separability thesis states that "it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have often done so." Legal positivists disagree about the extent of the separability thesis. Exclusive legal positivists, notably Joseph Raz , go further than the standard thesis and deny that it

3427-485: Is from this cultural movement that Justinian 's Corpus Juris Civilis was born. Modern jurisprudence began in the 18th century and was based on the first principles of natural law , civil law , and the law of nations . Natural law holds that there are rational objective limits to the power of rulers, the foundations of law are accessible through reason, and it is from these laws of nature that human laws gain force. The moral theory of natural law asserts that law

3576-651: Is growing due to outreach within the five provincial Métis councils after at least a generation of steep decline. Canada's Indian and Northern Affairs define Métis to be those persons of mixed First Nation and European ancestry. Allied with the French, the first nations of the Wabanaki Confederacy of Acadia fought six colonial wars against the British and their native allies (See the French and Indian Wars , Father Rale's War and Father Le Loutre's War ). In

3725-528: Is identifiable purely through social sources, without reference to moral reasoning. This view he calls "the sources thesis". Raz suggests that any categorisation of rules beyond their role as authority is better left to sociology than to jurisprudence. Some philosophers used to contend that positivism was the theory that held that there was "no necessary connection" between law and morality; but influential contemporary positivists—including Joseph Raz, John Gardner , and Leslie Green —reject that view. Raz claims it

3874-446: Is inherent in nature and constitutive of morality, at least in part, and that an objective moral order, external to human legal systems, underlies natural law. On this view, while legislators can enact and even successfully enforce immoral laws, such laws are legally invalid. The view is captured by the maxim: " an unjust law is no law at all ", where 'unjust' means 'contrary to the natural law.' Natural law theory has medieval origins in

4023-424: Is made by humans and thus should account for reasons besides legal rules that led to a legal decision. There are two separate schools of legal realism: American legal realism and Scandinavian legal realism. American legal realism grew out of the writings of Oliver Wendell Holmes . At the start of Holmes's The Common Law , he claims that "[t]he life of the law has not been logic: it has been experience". This view

4172-786: Is not commonly used, but Native (in English) and Autochtone (in Canadian French ; from the Greek auto , own, and chthon , land) are. Under the Royal Proclamation of 1763 , also known as the "Indian Magna Carta , " the Crown referred to Indigenous peoples in British territory as tribes or nations. The term First Nations is capitalized. Bands and nations may have slightly different meanings. Within Canada,

4321-513: Is not well defined. The earliest accounts of contact occurred in the late 10th century, between the Beothuk and Norsemen . According to the Sagas of Icelanders , the first European to see what is now Canada was Bjarni Herjólfsson , who was blown off course en route from Iceland to Greenland in the summer of 985 or 986 CE. The first European explorers and settlers of what is now Canada relied on

4470-568: Is on the west coast of Vancouver Island . In pre-contact and early post-contact times, the number of nations was much greater, but smallpox and other consequences of contact resulted in the disappearance of groups, and the absorption of others into neighbouring groups. The Nuu-chah-nulth are relations of the Kwakwaka'wakw , the Haisla , and the Ditidaht . The Nuu-chah-nulth language is part of

4619-596: Is passed on through oral tradition of the Squamish indigenous peoples of the Pacific Northwest Coast . Prior to colonization and the introduction of writing had only oral tradition as a way to transmit stories, law, and knowledge across generations. The writing system established in the 1970s uses the Latin alphabet as a base. Knowledgeable elders have the responsibility to pass historical knowledge to

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4768-587: Is perhaps the single most popular part of Grandview–Woodland. A street packed with small shops, it has been a key part of the commercial landscape in Vancouver for nearly a century for its ethnic diversity and the uniqueness of shops that populate it. Known locally as "The Drive", visitors find everything from trendy coffee shops to hangouts for many ethnicities (celebrations during the FIFA World Cup can bring out soccer fans of many nationalities, for example) to sex toys to hemp shops. Little Italy focuses on

4917-554: Is possible for morality to be a part of law at all. The discretion thesis states that judges create new law when they are given discretion to adjudicate cases where existing law underdetermines the result. Hobbes was a social contractarian and believed that the law had peoples' tacit consent. He believed that society was formed from a state of nature to protect people from the state of war that would exist otherwise. In Leviathan , Hobbes argues that without an ordered society life would be "solitary, poor, nasty, brutish and short." It

5066-472: Is the dominant theory, although there is a growing number of critics who offer their own interpretations. Historical jurisprudence came to prominence during the debate on the proposed codification of German law . In his book On the Vocation of Our Age for Legislation and Jurisprudence , Friedrich Carl von Savigny argued that Germany did not have a legal language that would support codification because

5215-420: Is within legal positivism. One school is sometimes called "exclusive legal positivism" and is associated with the view that the legal validity of a norm can never depend on its moral correctness. A second school is labeled "inclusive legal positivism", a major proponent of which is Wil Waluchow, and is associated with the view that moral considerations may , but do not necessarily, determine the legal validity of

5364-495: The Citizenship Act was amended to grant formal citizenship to Status Indians and Inuit, retroactively as of January 1947. In 1960, First Nations people received the right to vote in federal elections without forfeiting their Indian status. By comparison, Native Americans in the United States had been allowed to vote since the 1920s. In his 1969 White Paper , then- Minister of Indian Affairs , Jean Chrétien , proposed

5513-530: The Nicomachean Ethics (Book IV of the Eudemian Ethics ). Aquinas's influence was such as to affect a number of early translations of these passages, though more recent translations render them more literally. Aristotle's theory of justice is bound up in his idea of the golden mean . Indeed, his treatment of what he calls "political justice" derives from his discussion of "the just" as

5662-628: The Atlantic coast. Together with other Anicinàpek, they arrived at the "First Stopping Place" near Montreal. While the other Anicinàpe peoples continued their journey up the St. Lawrence River , the Algonquins settled along the Ottawa River ( Kitcisìpi ), an important highway for commerce, cultural exchange, and transportation. A distinct Algonquin identity, though, was not realized until after

5811-608: The British Parliament's Slavery Abolition Act finally abolished slavery in all parts of the British Empire . Historian Marcel Trudel has documented 4,092 recorded slaves throughout Canadian history, of which 2,692 were Aboriginal people, owned by the French, and 1,400 blacks owned by the British, together owned by approximately 1,400 masters. Trudel also noted 31 marriages took place between French colonists and Aboriginal slaves. British agents worked to make

5960-763: The Cascadia earthquake of 1700 and the 18th-century Tseax Cone eruption. Written records began with the arrival of European explorers and colonists during the Age of Discovery in the late 15th century. European accounts by trappers , traders , explorers , and missionaries give important evidence of early contact culture. In addition, archeological and anthropological research, as well as linguistics , have helped scholars piece together an understanding of ancient cultures and historic peoples. Collectively, First Nations (Indians), Inuit, and Métis peoples constitute Indigenous peoples in Canada , Indigenous peoples of

6109-697: The Cowichan and Fraser rivers, and those from Saskatchewan managed to produce good harvests. Since 1881, those First Nations people living in the prairie provinces required permits from Indian Agents to sell any of their produce. Later the government created a pass system in the old Northwest Territories that required indigenous people to seek written permission from an Indian Agent before leaving their reserves for any length of time. Indigenous people regularly defied those laws, as well as bans on Sun Dances and potlatches, in an attempt to practice their culture. The 1930 Constitution Act or Natural Resources Acts

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6258-552: The Daoists , Confucians , and Legalists all had competing theories of jurisprudence. Jurisprudence in ancient Rome had its origins with the periti —experts in the jus mos maiorum (traditional law), a body of oral laws and customs. Praetors established a working body of laws by judging whether or not singular cases were capable of being prosecuted either by the edicta , the annual pronunciation of prosecutable offences, or in extraordinary situations, additions made to

6407-547: The District of Saskatchewan under Riel against the Dominion of Canada, which they believed had failed to address their concerns for the survival of their people. In 1884, 2,000 Cree from reserves met near Battleford to organize into a large, cohesive resistance. Discouraged by the lack of government response but encouraged by the efforts of the Métis at armed rebellion, Wandering Spirit and other young militant Cree attacked

6556-668: The Great Lakes and the Illinois Country . The alliance involved French settlers on the one side, and on the other side were the Abenaki, Odawa, Menominee , Ho-Chunk (Winnebago), Mississaugas , Illiniwek , Huron- Petun , Potawatomi etc. It allowed the French and the Indians to form a haven in the middle- Ohio valley before the open conflict between the European powers erupted. In the Royal Proclamation of 1763 ,

6705-601: The Interurban train line to New Westminster , British Columbia in 1891 spurred the construction of a new community in the area. One legend indicates that the name Grand View was first expressed on a sign hung by a homeowner next to the Interurban stop near the Commercial Drive-1st Avenue intersection. In 1906, construction started to boom, with homes being built through the neighbourhood, and

6854-707: The Liberals began to back away from the 1969 White Paper, particularly after the Calder case decision in 1973. After the Canadian Supreme Court recognized that indigenous rights and treaty rights were not extinguished, a process was begun to resolve land claims and treaty rights and is ongoing today. In 1970, severe mercury poisoning , called Ontario Minamata disease , was discovered among Asubpeeschoseewagong First Nation and Wabaseemoong Independent Nations people, who lived near Dryden, Ontario . There

7003-552: The Makah tribe practising death by starvation as punishment and Pacific coast tribes routinely performing ritualized killings of slaves as part of social ceremonies into the mid-1800s. Slave-owning tribes of the fishing societies, such as the Yurok and Haida lived along the coast from what is now Alaska to California . Fierce warrior indigenous slave-traders of the Pacific Northwest Coast raided as far south as California. Slavery

7152-586: The North Saskatchewan River and purchased a great deal of European trade goods through Cree middlemen from the Hudson's Bay Company . The lifestyle of this group was semi-nomadic, and they followed the herds of bison during the warmer months. They traded with European traders, and worked with the Mandan , Hidatsa , and Arikara tribes. In the earliest oral history , the Algonquins were from

7301-622: The North-West Territories . Offended by the concepts of the treaties, Cree chiefs resisted them. Big Bear refused to sign Treaty 6 until starvation among his people forced his hand in 1882. His attempts to unite Indigenous nations made progress. In 1884 the Métis (including the Anglo-Métis) asked Louis Riel to return from the United States, where he had fled after the Red River Rebellion , to appeal to

7450-770: The Three Sisters ( maize / beans / squash ), the Iroquois became powerful because of their confederacy. Gradually the Algonquians adopted agricultural practises enabling larger populations to be sustained. The Assiniboine were close allies and trading partners of the Cree, engaging in wars against the Gros Ventres alongside them, and later fighting the Blackfoot. A Plains people, they went no further north than

7599-525: The Treaty of Tordesillas , these two kingdoms decided to draw the dividing line running north–south, 370 leagues (from 1,500 to 2,200 km (930 to 1,370 mi) approximately depending on the league used) west of the Cape Verde Islands. Land to the west would be Spanish, to the east Portuguese. Given the uncertain geography of the day, this seemed to give the "new founde isle" to Portugal. On

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7748-689: The Wakashan language group. In 1999 the discovery of the body of Kwäday Dän Ts'ìnchi provided archaeologists with significant information on indigenous tribal life prior to extensive European contact. Kwäday Dän Ts'ìnchi (meaning "Long Ago Person Found" in Southern Tutchone ), or "Canadian Ice Man", is a naturally mummified body that a group of hunters found in Tatshenshini-Alsek Provincial Park in British Columbia. Radiocarbon dating of artifacts found with

7897-424: The edicta . A iudex (originally a magistrate , later a private individual appointed to judge a specific case ) would then prescribe a remedy according to the facts of the case. The sentences of the iudex were supposed to be simple interpretations of the traditional customs, but—apart from considering what traditional customs applied in each case—soon developed a more equitable interpretation, coherently adapting

8046-541: The 1502 Cantino map , Newfoundland appears on the Portuguese side of the line (as does Brazil). An expedition captured about 60 Aboriginal people as slaves who were said to "resemble gypsies in colour, features, stature and aspect; are clothed in the skins of various animals ...They are very shy and gentle, but well formed in arms and legs and shoulders beyond description ...." Some captives, sent by Gaspar Corte-Real , reached Portugal. The others drowned, with Gaspar, on

8195-424: The 17th, 18th and 19th centuries and Europeans , mainly French. The Métis were historically the children of French fur traders and Nehiyaw women or, from unions of English or Scottish traders and Northern Dene women ( Anglo-Métis ). The Métis spoke or still speak either Métis French or a mixed language called Michif . Michif , Mechif or Métchif is a phonetic spelling of the Métis pronunciation of Métif ,

8344-584: The 19th century, the Canadian Indian residential school system was intended to force the assimilation of Aboriginal and First Nations people into European-Canadian society. The purpose of the schools, which separated children from their families, has been described by commentators as "killing the Indian in the child." Funded under the Indian Act by Indian and Northern Affairs Canada, a branch of

8493-445: The 20th century of cultural genocide and ethnocide . There was widespread physical and sexual abuse . Overcrowding, poor sanitation, and a lack of medical care led to high rates of tuberculosis , and death rates of up to 69%. Details of the mistreatment of students had been published numerous times throughout the 20th century, but following the closure of the schools in the 1960s, the work of indigenous activists and historians led to

8642-473: The American legal realists of the early twentieth century, legal realism sought to describe the way judges decide cases. For legal realists such as Jerome Frank , judges start with the facts before them and then move to legal principles. Before legal realism, theories of jurisprudence turned this method around where judges were thought to begin with legal principles and then look to facts. It has become common today to identify Justice Oliver Wendell Holmes Jr., as

8791-470: The Americas , or " first peoples ". First Nation as a term became officially used by the government beginning in 1980s to replace the term Indian band in referring to groups of Indians with common government and language. The First Nations people had begun to identify by this term during 1970s activism, in order to avoid using the word Indian , which some considered offensive. No legal definition of

8940-695: The Atlantic coast were the Beothuk , Maliseet , Innu , Abenaki and Mi'kmaq . The Blackfoot Confederacy resides in the Great Plains of Montana and Canadian provinces of Alberta , British Columbia and Saskatchewan . The name Blackfoot came from the dye or paint on the bottoms of their leather moccasins . One account claimed that the Blackfoot Confederacies walked through the ashes of prairie fires, which in turn blackened

9089-547: The Beothuk disappeared entirely. There are reports of contact made before Christopher Columbus between the first peoples and those from other continents. Even in Columbus' time there was much speculation that other Europeans had made the trip in ancient or contemporary times; Gonzalo Fernández de Oviedo y Valdés records accounts of these in his General y natural historia de las Indias of 1526, which includes biographical information on Columbus. Aboriginal first contact period

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9238-528: The British agents discouraged any warlike activities or raids on American settlements, but the Americans became increasingly angered, and this became one of the causes of the War of 1812 . In the war, the great majority of First Nations supported the British, and many fought under the aegis of Tecumseh . But Tecumseh died in battle in 1813 and the Indian coalition collapsed. The British had long wished to create

9387-533: The British ceded the Old Northwest to the United States in the Treaty of Paris in 1783, it kept fortifications and trading posts in the region until 1795. The British then evacuated American territory, but operated trading posts in British territory, providing weapons and encouragement to tribes that were resisting American expansion into such areas as Ohio, Indiana, Michigan, Illinois and Wisconsin. Officially,

9536-471: The British recognized the treaty rights of the indigenous populations and resolved to only settle those areas purchased lawfully from the indigenous peoples. Treaties and land purchases were made in several cases by the British, but the lands of several indigenous nations remain unceded and/or unresolved. First Nations routinely captured slaves from neighbouring tribes. Sources report that the conditions under which First Nations slaves lived could be brutal, with

9685-412: The Carolinas all stimulated destructive wars over land with their immediate Indian neighbors...Settlement patterns in New France also curtailed the kind of relentless and destructive expansion and land-grabbing that afflicted many British colonies." The Métis (from French métis – "mixed") are descendants of unions between Cree , Ojibwe , Algonquin , Saulteaux , Menominee and other First Nations in

9834-435: The Creator, or in the Squamish language keke7nex siyam . He called this man his brother. It was from these two men that the population began to rise and the Squamish spread back through their territory. The Iroquois influence extended from northern New York into what are now southern Ontario and the Montreal area of modern Quebec. The Iroquois Confederacy is, from oral tradition, formed circa 1142. Adept at cultivating

9983-408: The Dean of Harvard Law School , used this term to characterise his legal philosophy . In the United States, many later writers followed Pound's lead or developed distinctive approaches to sociological jurisprudence. In Australia, Julius Stone strongly defended and developed Pound's ideas. In the 1930s, a significant split between the sociological jurists and the American legal realists emerged. In

10132-545: The Drive, though many of its residents have moved to other neighbourhoods over the years. As of 2006, Grandview–Woodland has 28,205 people, a 3% decrease from 2001. 16.1% of the population is under the age of 19; 38.4% is between 20 and 39; 35.1% is between 40 and 64; and 10.4% is 65 or older. 62.0% of Grandview–Woodland residents speak English as a first language, and 14.4% speak a Chinese language . French (2.3%), Spanish (2.3%), Italian (2.3%), and Tagalog (2.1%) are also common first languages. The median household income

10281-409: The First Nations into military allies of the British, providing supplies, weapons, and encouragement. During the American Revolutionary War (1775–1783) most of the tribes supported the British. In 1779, the Americans launched a campaign to burn the villages of the Iroquois in New York State. The refugees fled to Fort Niagara and other British posts, with some remaining permanently in Canada. Although

10430-421: The First Nations peoples, for resources and trade to sustain a living. The first written accounts of interaction show a predominantly Old world bias, labelling the indigenous peoples as "savages", although the indigenous peoples were organized and self-sufficient. In the early days of contact, the First Nations and Inuit populations welcomed the Europeans, assisting them in living off the land and joining forces with

10579-563: The French and British in their various battles. It was not until the colonial and imperial forces of Britain and France established dominant settlements and, no longer needing the help of the First Nations people, began to break treaties and force them off the land that the antagonism between the two groups grew. The Portuguese Crown claimed that it had territorial rights in the area visited by Cabot. In 1493 Pope Alexander VI – assuming international jurisdiction – had divided lands discovered in America between Spain and Portugal. The next year, in

10728-547: The Port Royal settlement. Champlain persuaded First Nations to allow him to settle along the St. Lawrence, where in 1608 he would found France's first permanent colony in Canada at Quebec City. The colony of Acadia grew slowly, reaching a population of about 5,000 by 1713. New France had cod -fishery coastal communities, and farm economies supported communities along the St. Lawrence River. French voyageurs travelled deep into

10877-682: The abolition of the Indian Act of Canada, the rejection of Aboriginal land claims , and the assimilation of First Nations people into the Canadian population with the status of "other ethnic minorities" rather than as a distinct group. Harold Cardinal and the Indian Chiefs of Alberta responded with a document entitled "Citizens Plus" but commonly known as the "Red Paper". In it, they explained Status Indians' widespread opposition to Chrétien's proposal. Prime Minister Pierre Trudeau and

11026-602: The age of 35 ). By 1790 the abolition movement was gaining ground in Canada and the ill intent of slavery was evidenced by an incident involving a slave woman being violently abused by her slave owner on her way to being sold in the United States. The Act Against Slavery of 1793 legislated the gradual abolition of slavery: no slaves could be imported; slaves already in the province would remain enslaved until death, no new slaves could be brought into Upper Canada , and children born to female slaves would be slaves but must be freed at age 25. The act remained in force until 1833 when

11175-476: The area. Much of the neighbourhood is built on the rise that stretches east–west through the eastern portion of Vancouver, making for views across the city proper and the inlet. Local First Nations members have been aware of the Grandview–Woodland area for many years, and referred to the area along Burrard Inlet by the word for cedar trees in their language. A small cove created by a stream running into

11324-411: The basis of being analogous to the laws of physical science. Natural law is often contrasted to positive law which asserts law as the product of human activity and human volition. Another approach to natural-law jurisprudence generally asserts that human law must be in response to compelling reasons for action. There are two readings of the natural-law jurisprudential stance. Aristotle is often said to be

11473-472: The body placed the age of the find between 1450 AD and 1700 AD. Genetic testing showed that he was a member of the Champagne and Aishihik First Nations . Aboriginal people in Canada interacted with Europeans as far back as 1000 AD, but prolonged contact came only after Europeans established permanent settlements in the 17th and 18th centuries. European written accounts noted friendliness on

11622-460: The bottoms of their moccasins. They had migrated onto the Great Plains (where they followed bison herds and cultivated berries and edible roots) from the area of now eastern Canada and the northeastern United States. Historically, they allowed only legitimate traders into their territory, making treaties only when the bison herds were exterminated in the 1870s. Pre-contact Squamish history

11771-514: The canoe routes west and a land route to the west coast. According to the oral history, seven great miigis (radiant/iridescent) beings appeared to the peoples in the Waabanakiing to teach the peoples of the mide way of life. One of the seven great miigis beings was too spiritually powerful and killed the peoples in the Waabanakiing when the people were in its presence. The six great miigis beings remained to teach while

11920-433: The concept of self-determination in health. Through this process, the decision to enter into transfer discussions with Health Canada rests with each community. Once involved in transfer, communities are able to take control of health programme responsibilities at a pace determined by their individual circumstances and health management capabilities. The capacity, experience and relationships developed by First Nations as

12069-501: The construction of the Canadian Pacific Railway brought large numbers of European settlers west who encroached on Indigenous territory. European Canadians established governments, police forces, and courts of law with different foundations from indigenous practices. Various epidemics continued to devastate Indigenous communities. All of these factors had a profound effect on Indigenous people, particularly those from

12218-468: The content of legal concepts using the methods of social science , analytical jurisprudence seeks to provide a general account of the nature of law through the tools of conceptual analysis . The account is general in the sense of targeting universal features of law that hold at all times and places. Analytic, or clarificatory , jurisprudence takes a neutral point of view and uses descriptive language when referring to various aspects of legal systems. This

12367-533: The development of agriculture, the surest foundation of a colony in the New World. According to David L. Preston , after French colonisation with Champlain "the French were able to settle in the depopulated St. Lawrence Valley, not directly intruding on any Indian nation's lands. This geographic and demographic fact presents a striking contrast to the British colonies' histories: large numbers of immigrants coming to New England, New York, Pennsylvania, Virginia, and

12516-554: The difference between civil and criminal law. In addition to analytic jurisprudence, legal philosophy is also concerned with normative theories of law. "Normative jurisprudence involves normative, evaluative, and otherwise prescriptive questions about the law." The English word is derived from the Latin, iurisprudentia . Iuris is the genitive form of ius meaning law, and prudentia meaning prudence (also: discretion, foresight, forethought, circumspection). It refers to

12665-538: The diverse kinds of developing transnational law) and the increasingly important interrelations of law and culture, especially in multicultural Western societies. Legal positivism is the view that the content of law is dependent on social facts and that a legal system's existence is not constrained by morality. Within legal positivism, theorists agree that law's content is a product of social facts, but theorists disagree whether law's validity can be explained by incorporating moral values. Legal positivists who argue against

12814-491: The dividing of the Anicinàpek at the "Third Stopping Place", estimated at 2,000 years ago near present-day Detroit . According to their tradition, and from recordings in birch bark scrolls ( wiigwaasabak ), Ojibwe (an Algonquian-speaking people) came from the eastern areas of North America, or Turtle Island , and from along the east coast. They traded widely across the continent for thousands of years and knew of

12963-575: The early Roman Empire to the 3rd century, a relevant body of literature was produced by groups of scholars, including the Proculians and Sabinians . The scientific nature of the studies was unprecedented in ancient times. After the 3rd century, juris prudentia became a more bureaucratic activity, with few notable authors. It was during the Eastern Roman Empire (5th century) that legal studies were once again undertaken in depth, and it

13112-501: The empirical methods used by social scientists. Prominent Scandinavian legal realists are Alf Ross , Axel Hägerström , and Karl Olivecrona . Scandinavian legal realists also took a naturalist approach to law. Despite its decline in popularity, legal realism continues to influence a wide spectrum of jurisprudential schools today, including critical legal studies , feminist legal theory , critical race theory , sociology of law , and law and economics . Critical legal studies are

13261-669: The exercise of good judgment, common sense, and caution, especially in the conduct of practical matters. The word first appeared in written English in 1628, at a time when the word prudence meant knowledge of, or skill in, a matter. It may have entered English via the French jurisprudence , which appeared earlier. The terms "philosophy of law" and "jurisprudence" are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology . Ancient jurisprudence begins with various Dharmaśāstra texts of India. Dharmasutras of Āpastaṃba and Baudhāyana are examples. In Ancient China,

13410-476: The extent to which they are binding. Kelsen contends that the extent to which legal norms are binding, their specifically "legal" character, can be understood without tracing it ultimately to some suprahuman source such as God, personified Nature or—of great importance in his time—a personified State or Nation. In the English-speaking world, the most influential legal positivist of the twentieth century

13559-488: The father of natural law. Like his philosophical forefathers Socrates and Plato, Aristotle posited the existence of natural justice or natural right ( dikaion physikon , δικαίον φυσικόν , Latin ius naturale ). His association with natural law is largely due to how he was interpreted by Thomas Aquinas . This was based on Aquinas' conflation of natural law and natural right, the latter of which Aristotle posits in Book V of

13708-734: The father of the Thomistic school of philosophy, for a long time the primary philosophical approach of the Roman Catholic Church . The work for which he is best known is the Summa Theologiae . One of the thirty-five Doctors of the Church , he is considered by many Catholics to be the Church's greatest theologian. Consequently, many institutions of learning have been named after him. Aquinas distinguished four kinds of law: eternal, natural, divine, and human: Natural law

13857-574: The federal government, the schools were run by churches of various denominations – about 60% by Roman Catholics, and 30% by the Anglican Church of Canada and the United Church of Canada , along with its pre-1925 predecessors, Presbyterian , Congregationalist and Methodist churches. The attempt to force assimilation involved punishing children for speaking their own languages or practising their own faiths, leading to allegations in

14006-429: The field has traditionally focused on giving an account of law's nature, some scholars have begun to examine the nature of domains within law, e.g. tort law, contract law, or criminal law. These scholars focus on what makes certain domains of law distinctive and how one domain differs from another. A particularly fecund area of research has been the distinction between tort law and criminal law, which more generally bears on

14155-580: The fur trade, conflicts with colonial authorities and settlers and loss of land and a subsequent loss of nation self-suffiency. For example, during the late 1630s, smallpox killed more than half of the Huron , who controlled most of the early fur trade in what became Canada. Reduced to fewer than 10,000 people, the Huron Wendat were attacked by the Iroquois, their traditional enemies. In the Maritimes,

14304-553: The governed to obey. Secondary rules are rules that confer authority to create new primary rules or modify existing ones. Secondary rules are divided into rules of adjudication (how to resolve legal disputes), rules of change (how laws are amended), and the rule of recognition (how laws are identified as valid). The validity of a legal system comes from the "rule of recognition", which is a customary practice of officials (especially barristers and judges) who identify certain acts and decisions as sources of law. In 1981, Neil MacCormick wrote

14453-521: The government declared that, as British subjects , all able Indian men of military age could be called up for training and service in Canada or overseas. Following the end of the Second World War, laws concerning First Nations in Canada began to change, albeit slowly. The federal prohibition of potlatch and Sun Dance ceremonies ended in 1951. Provincial governments began to accept the right of Indigenous people to vote. In June 1956, section 9 of

14602-524: The government on their behalf. The government gave a vague response. In March 1885, Riel, Gabriel Dumont , and Honoré Jackson (a.k.a. Will Jackson) set up the Provisional Government of Saskatchewan , believing that they could influence the federal government in the same way as they had in 1869. The North-West Rebellion of 1885 was a brief and unsuccessful uprising by the Métis people of

14751-608: The hinterlands (of what is today Quebec, Ontario, and Manitoba, as well as what is now the American Midwest and the Mississippi Valley ), trading with First Nations as they went – guns, gunpowder, cloth, knives, and kettles for beaver furs. The fur trade kept the interest in France's overseas colonies alive, yet only encouraged a small colonial population, as minimal labour was required. The trade also discouraged

14900-532: The incorporation of moral values to explain law's validity are labeled exclusive (or hard) legal positivists. Joseph Raz's legal positivism is an example of exclusive legal positivism. Legal positivists who argue that law's validity can be explained by incorporating moral values are labeled inclusive (or soft) legal positivists. The legal positivist theories of H. L. A. Hart and Jules Coleman are examples of inclusive legal positivism. Legal positivism has traditionally been associated with three doctrines:

15049-466: The inlet became a focal point for early development; the first building was a brewery, followed by sawmills using the forests of the area. The land along Burrard Inlet was valued by speculators after the Gold Rush , and was the location of the Canadian Pacific Railway when it was built in the 1880s. Around that time, the sawmill owners clearcut the entire Grandview–Woodland area, and the construction of

15198-497: The larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered: The terms "philosophy of law" and "jurisprudence" are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology . Whereas lawyers are interested in what

15347-614: The late 18th century, European Canadians encouraged First Nations to assimilate into the European-based culture, referred to as " Canadian culture ". The assumption was that this was the "correct" culture because the Canadians of European descent saw themselves as dominant, and technologically, politically and culturally superior. There was resistance against this assimilation and many businesses denied European practices. The Tecumseh Wigwam of Toronto, for example, did not adhere to

15496-405: The late 20th century, members of various nations more frequently identify by their tribal or national identity only, e.g., "I'm Haida ", or "We're Kwantlens ", in recognition of the distinct First Nations. First Nations peoples had settled and established trade routes across what is now Canada by 500 BCE – 1,000 CE. Communities developed, each with its own culture, customs, and character. In

15645-524: The law as it is. Austin explained the descriptive focus for legal positivism by saying, "The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry." For Austin and Bentham, a society is governed by a sovereign who has de facto authority. Through the sovereign's authority come laws, which for Austin and Bentham are commands backed by sanctions for non-compliance. Along with Hume, Bentham

15794-446: The law is on a specific issue in a specific jurisdiction, analytical philosophers of law are interested in identifying the features of law shared across cultures, times, and places. Taken together, these foundational features of law offer the kind of universal definition philosophers are after. The general approach allows philosophers to ask questions about, for example, what separates law from morality, politics, or practical reason. While

15943-473: The law to newer social exigencies. The law was then adjusted with evolving institutiones (legal concepts), while remaining in the traditional mode. Praetors were replaced in the 3rd century BC by a laical body of prudentes . Admission to this body was conditional upon proof of competence or experience. Under the Roman Empire , schools of law were created, and practice of the law became more academic. From

16092-519: The main precursor of American Legal Realism (other influences include Roscoe Pound , Karl Llewellyn , and Justice Benjamin Cardozo ). Karl Llewellyn, another founder of the U.S. legal realism movement, similarly believed that the law is little more than putty in the hands of judges who are able to shape the outcome of cases based on their personal values or policy choices. The Scandinavian school of legal realism argued that law can be explained through

16241-500: The morality enacted as law, not the laws themselves. The best evidence of Aristotle's having thought there was a natural law comes from the Rhetoric , where Aristotle notes that, aside from the "particular" laws that each people has set up for itself, there is a "common" law that is according to nature. The context of this remark, however, suggests only that Aristotle thought that it could be rhetorically advantageous to appeal to such

16390-543: The next generation. People lived and prospered for thousands of years until the Great Flood . In another story, after the Flood, they repopulated from the villages of Schenks and Chekwelp , located at Gibsons . When the water lines receded, the first Squamish came to be. The first man, named Tseḵánchten, built his longhouse in the village, and later on another man named Xelálten, appeared on his longhouse roof and sent by

16539-579: The northeastern coastline of what is now the United States. Under Samuel de Champlain, the Saint Croix settlement moved to Port Royal (today's Annapolis Royal, Nova Scotia ), a new site across the Bay of Fundy , on the shore of the Annapolis Basin , an inlet in western Nova Scotia. Acadia became France's most successful colony to that time. The cancellation of Dugua's fur monopoly in 1607 ended

16688-807: The northwest were the Athapaskan-speaking peoples, Slavey , Tłı̨chǫ , Tutchone-speaking peoples, and Tlingit . Along the Pacific coast were the Haida, Tsimshian , Salish, Kwakiutl , Nuu-chah-nulth , Nisga'a and Gitxsan . In the plains were the Blackfoot, Kainai , Sarcee and Northern Peigan . In the northern woodlands were the Cree and Chipewyan . Around the Great Lakes were the Anishinaabe , Algonquin , Iroquois and Wyandot . Along

16837-633: The ocean as well. If the seventh miigis being stayed, it would have established the Thunderbird doodem . The Nuu-chah-nulth are one of the Indigenous peoples of the Pacific Northwest Coast . The term Nuu-chah-nulth is used to describe fifteen separate but related First Nations, such as the Tla-o-qui-aht First Nations , Ehattesaht First Nation and Hesquiaht First Nation whose traditional home

16986-492: The one returned into the ocean. The six great miigis beings then established doodem (clans) for the peoples in the east. Of these doodem , the five original Anishinaabe doodem were the Wawaazisii ( Bullhead ), Baswenaazhi (Echo-maker, i.e., Crane ), Aan'aawenh ( Pintail Duck ), Nooke (Tender, i.e., Bear ) and Moozoonsii (Little Moose ), then these six miigis beings returned into

17135-746: The part of the First Nations, who profited in trade with Europeans. Such trade strengthened the more organized political entities such as the Iroquois Confederation. The Aboriginal population is estimated to have been between 200,000 and two million in the late 15th century. The effect of European colonization was a 40 to 80 percent Aboriginal population decrease post-contact. This is attributed to various factors, including repeated outbreaks of European infectious diseases such as influenza , measles and smallpox (to which they had not developed immunity), inter-nation conflicts over

17284-465: The pedigree thesis, the separability thesis, and the discretion thesis. The pedigree thesis says that the right way to determine whether a directive is law is to look at the directive's source. The thesis claims that it is the fact that the directive was issued by the proper official within a legitimate government, for example, that determines the directive's legal validity—not the directive's moral or practical merits. The separability thesis states that law

17433-427: The philosophy of Thomas Aquinas , especially in his Treatise on law . In late 20th century, John Finnis revived interest in the theory and provided a modern reworking of it. For one, Finnis has argued that the maxim "an unjust law is no law at all" is a poor guide to the classical Thomist position. In its general sense, natural law theory may be compared to both state-of-nature law and general law understood on

17582-440: The plains who had relied heavily on bison for food and clothing. Most of those nations that agreed to treaties had negotiated for a guarantee of food and help to begin farming. Just as the bison disappeared (the last Canadian hunt was in 1879), Lieutenant-Governor Edgar Dewdney cut rations to indigenous people in an attempt to reduce government costs. Between 1880 and 1885, approximately 3,000 Indigenous people starved to death in

17731-427: The post-1870 period. Francisco Suárez , regarded as among the greatest scholastics after Aquinas, subdivided the concept of ius gentium . Working with already well-formed categories, he carefully distinguished ius inter gentes from ius intra gentes . Ius inter gentes (which corresponds to modern international law) was something common to the majority of countries, although, being positive law, not natural law, it

17880-469: The provinces of Ontario and British Columbia . Under Charter jurisprudence , First Nations are a "designated group," along with women, visible minorities , and people with physical or mental disabilities. First Nations are not defined as a visible minority by the criteria of Statistics Canada . North American indigenous peoples have cultures spanning thousands of years. Some of their oral traditions accurately describe historical events, such as

18029-442: The railway influencing industrial development along the waterfront. Park Drive became a major commercial route that eventually became Commercial Drive, and people of many ethnic backgrounds made the neighbourhood their home over the years. Grandview Woodland has been experiencing gentrification since around 2008 as a result of high real estate prices in Vancouver and the heightened popularity of inner-city living. Commercial Drive

18178-428: The relationship between law and other fields of study, including economics , ethics , history , sociology , and political philosophy . Modern jurisprudence began in the 18th century and was based on the first principles of natural law , civil law , and the law of nations . Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to

18327-403: The return voyage. Gaspar's brother, Miguel Corte-Real , went to look for him in 1502, but also failed to return. In 1604 King Henry IV of France granted Pierre Dugua, Sieur de Mons a fur-trade monopoly. Dugua led his first colonization expedition to an island located near to the mouth of the St. Croix River . Samuel de Champlain , his geographer, promptly carried out a major exploration of

18476-662: The sale of their lands in 1916 and 1917, the Department of Indian Affairs held back funding necessary for farming until they relented. In British Columbia, the McKenna–McBride Royal Commission was created in 1912 to settle disputes over reserve lands in the province. The claims of Indigenous people were ignored, and the commission allocated new, less valuable lands (reserves) for First Nations. Those nations who managed to maintain their ownership of good lands often farmed successfully. Indigenous people living near

18625-461: The same time refusing to evaluate those norms. That is, "legal science" is to be separated from "legal politics". Central to the Pure Theory of Law is the notion of a ' basic norm ' ( Grundnorm )—a hypothetical norm, presupposed by the jurist, from which all "lower" norms in the hierarchy of a legal system , beginning with constitutional law , are understood to derive their authority or

18774-507: The second half of the twentieth century, sociological jurisprudence as a distinct movement declined as jurisprudence came more strongly under the influence of analytical legal philosophy; but with increasing criticism of dominant orientations of legal philosophy in English-speaking countries in the present century, it has attracted renewed interest. Increasingly, its contemporary focus is on providing theoretical resources for jurists to aid their understanding of new types of regulation (for example,

18923-461: The second war, Queen Anne's War , the British conquered Acadia (1710). The sixth and final colonial war between the nations of France and Great Britain (1754–1763), resulted in the French giving up their claims and the British claimed the lands of Canada (New France) . In this final war, the Franco-Indian alliance brought together Americans, First Nations and the French, centred on

19072-401: The sense of "general justice"; as such, this idea of justice is more or less coextensive with virtue. "Particular" or "partial justice", by contrast, is the part of "general justice" or the individual virtue that is concerned with treating others equitably. Aristotle moves from this unqualified discussion of justice to a qualified view of political justice, by which he means something close to

19221-699: The small town of Frog Lake , killing Thomas Quinn, an Indian agent , and eight others. Although Big Bear actively opposed the attacks, he was charged and tried for treason and sentenced to three years in prison. After the Red River Rebellion of 1869–1870, Métis moved from Manitoba to the District of Saskatchewan, where they founded a settlement at Batoche on the South Saskatchewan River . In Manitoba settlers from Ontario began to arrive. They pushed for land to be allotted in

19370-447: The square concession system of English Canada , rather than the seigneurial system of strips reaching back from a river which the Métis were familiar with in their French-Canadian culture. The history of colonization is complex, varied according to the time and place. France and Britain were the main colonial powers involved, though the United States also began to extend its territory at the expense of indigenous people as well. From

19519-444: The standard account of the origins of International law, which emphasises the seminal text De iure belli ac pacis by Hugo Grotius , and argued for Vitoria and, later, Suárez's importance as forerunners and, potentially, founders of the field. Others, such as Koskenniemi, have argued that none of these humanist and scholastic thinkers can be understood to have founded international law in the modern sense, instead placing its origins in

19668-530: The start of the 20th century, the federal Indian policy was directed at removing Indigenous people from their communal lands and encouraging assimilation. Amendments to the Indian Act in 1905 and 1911 made it easier for the government to expropriate reserve lands from First Nations. The government sold nearly half of the Blackfoot reserve in Alberta to settlers. When the Kainai (Blood) Nation refused to accept

19817-411: The subject of modern jurisprudence. Of political justice, Aristotle argues that it is partly derived from nature and partly a matter of convention. This can be taken as a statement that is similar to the views of modern natural law theorists. But it must also be remembered that Aristotle is describing a view of morality, not a system of law, and therefore his remarks as to nature are about the grounding of

19966-582: The term First Nations has come into general use for Indigenous peoples other than Inuit and Métis . Outside Canada, the term can refer to Indigenous Australians , U.S. tribes within the Pacific Northwest , as well as supporters of the Cascadian independence movement . The singular, commonly used on culturally politicized reserves , is the term First Nations person (when gender-specific, First Nations man or First Nations woman ). Since

20115-485: The term exists. Some Indigenous peoples in Canada have also adopted the term First Nation to replace the word band in the formal name of their community. A band is a "body of Indians (a) for whose use and benefit in common lands ... have been set apart, (b) ... moneys are held ... or (c) declared ... to be a band for the purposes of", according to the Indian Act by the Canadian Crown . The term Indian

20264-471: The theorist's work. The natural law theorists of the distant past, such as Aquinas and John Locke made no distinction between analytic and normative jurisprudence, while modern natural law theorists, such as John Finnis, who claim to be positivists, still argue that law is moral by nature. In his book Natural Law and Natural Rights (1980, 2011), John Finnis provides a restatement of natural law doctrine. Unlike experimental jurisprudence , which investigates

20413-566: The traditions, customs, and beliefs of the German people did not include a belief in a code. Historicists believe that law originates with society. An effort to systematically inform jurisprudence from sociological insights developed from the beginning of the twentieth century, as sociology began to establish itself as a distinct social science , especially in the United States and in continental Europe . In Germany, Austria and France ,

20562-566: The villages of the Fox nation , a tribe that was an ancient rival of the Miami people and their Algonquian allies. Native (or "pani", a corruption of Pawnee ) slaves were much easier to obtain and thus more numerous than African slaves in New France, but were less valued. The average native slave died at 18, and the average African slave died at 25 (the average European could expect to live until

20711-524: The west or to Canada, or were relocated onto reservations in Michigan and Wisconsin. Historians have unanimously agreed that the Indians were the major losers in the War of 1812. Living conditions for Indigenous people in the prairie regions deteriorated quickly. Between 1875 and 1885, settlers and hunters of European descent contributed to hunting the North American bison almost to extinction;

20860-425: The widely practiced Lord's Day observance, making it a popular spot, especially on Sundays. Moreover, Canadian policies were at times contradictory, such as through the late 19th century- Peasant Farm Policy that severely restricted farming on reserves, despite this practice being seen as important to assimilation efforts. These kinds of attempts reached a climax in the late 19th and early 20th centuries. Founded in

21009-410: The work of the "free law" theorists (e.g. Ernst Fuchs, Hermann Kantorowicz , Eugen Ehrlich and François Gény ) encouraged the use of sociological insights in the development of legal and juristic theory. The most internationally influential advocacy for a "sociological jurisprudence" occurred in the United States, where, throughout the first half of the twentieth century, Roscoe Pound , for many years

21158-515: Was H. L. A. Hart , professor of jurisprudence at Oxford University . Hart argued that the law should be understood as a system of social rules. In The Concept of Law , Hart rejected Kelsen's views that sanctions were essential to law and that a normative social phenomenon, like law, cannot be grounded in non-normative social facts. Hart claimed that law is the union of primary rules and secondary rules. Primary rules require individuals to act or not act in certain ways and create duties for

21307-416: Was a philosophical development that rejected natural law's fusing of what law is and what it ought to be. David Hume argued, in A Treatise of Human Nature , that people invariably slip from describing what the world is to asserting that we therefore ought to follow a particular course of action. But as a matter of pure logic, one cannot conclude that we ought to do something merely because something

21456-539: Was a reaction to legal formalism that was popular the time due to the Christopher Columbus Langdell . Holmes's writings on jurisprudence also laid the foundations for the predictive theory of law. In his article "The Path of the Law", Holmes argues that "the object of [legal] study...is prediction, the prediction of the incidence of the public force through the instrumentality of the courts." For

21605-423: Was an early and staunch supporter of the utilitarian concept, and was an avid prison reformer, advocate for democracy , and firm atheist . Bentham's views about law and jurisprudence were popularized by his student John Austin . Austin was the first chair of law at the new University of London , from 1829. Austin's utilitarian answer to "what is law?" was that law is "commands, backed by threat of sanctions, from

21754-687: Was extensive mercury pollution caused by Dryden Chemicals Company's waste water effluent in the Wabigoon - English River system. Because local fish were no longer safe to eat, the Ontario provincial government closed the commercial fisheries run by the First Nation people and ordered them to stop eating local fish. Previously it had made up the majority of their diet. In addition to the acute mercury poisoning in northwestern Ontario , Aamjiwnaang First Nation people near Sarnia , Ontario, experienced

21903-428: Was hereditary, the slaves and their descendants being considered prisoners of war . Some tribes in British Columbia continued to segregate and ostracize the descendants of slaves as late as the 1970s. Among Pacific Northwest tribes about a quarter of the population were slaves. The citizens of New France received slaves as gifts from their allies among First Nations peoples. Slaves were prisoners taken in raids against

22052-487: Was not necessarily universal. On the other hand, ius intra gentes , or civil law, is specific to each nation. Writing after World War II , Lon L. Fuller defended a secular and procedural form of natural law. He emphasised that the (natural) law must meet certain formal requirements (such as being impartial and publicly knowable). To the extent that an institutional system of social control falls short of these requirements, Fuller argued, we are less inclined to recognise it as

22201-400: Was part of a shift acknowledging indigenous rights . It enabled provincial control of Crown land and allowed Provincial laws regulating game to apply to Indians, but it also ensured that "Indians shall have the right ... of hunting, trapping and fishing game and fish for food at all seasons of the year on all unoccupied Crown lands and on any other lands to which the said Indians may have

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